Introduction

Welcome to M-TECH POLAND Sp. z o.o.’s B2B platform. (hereinafter referred to as the Platform).

These terms of service regard the contracts concluded between M-TECH POLAND Sp. z o.o. and its Customers.

Customer, within the understanding of these Terms of Service, is an entity capable of transacting legal business who received access to the Platform under conditions specified in these Terms and Conditions.

Customers who use the services of Platform of M-TECH POLAND Sp. z o.o. - hereinafter referred to as the Company or M-Tech – are obligated to act in accordance with the these Terms of Service and to comply with its provisions. These Terms of Service are therefore a part of the contract between the registered Customer and M-TECH POLAND Sp. z o.o. with its registered seat in Gliwice, at ul.  Portowa 8b (44-100 Gliwice), with tax identification number NIP: 6452532997.

Contact information M-Tech:

• address: ul. Portowa 8b, 44-100 Gliwice, Poland
• telephone number: +48 32 757 11 80
• email: info@m-tech.pl

TERMS OF SERVICE OF M-TECH POLAND

1. These Terms of Service specify:

• the rules of M-Tech Poland Sp. z o.o. company with its registered seat in Gliwice at ul. Portowa 8b, National Court Register (KRS) no: 0000668446, Company ID (REGON): 242745267, tax identification number (NIP): 6452532997 (hereinafter referred to as: M-Tech) providing services via electronic means of communication;
• the rules of concluding contracts via B2B platform on website
  http://www.m-tech.pl or http://www.m-tech.pl/logowanie

• regulate on an auxiliary basis issues connected with personal data of data subjects.

2. Information connected with personal data of website’s Customer and required by generally applicable law can be found in the Privacy Policy tab.
3. Email address used by M-Tech regarding the functioning of the Platform is: info@m-tech.pl

1. Provision of services via electronic means of communication on the Platform is based on registered user’s ability to use the store on the Platform. Following personal data is collected in the course of registration process:

• Company name
• Tax Identification Number (NIP)
• Company address
• Forename and surname of the representative
• Email and telephone number of the representative
• Type of conducted business activity (optionally)

2. Providing the data is voluntary, but it is a condition for concluding electronic services contract and in effect – using the store on the Platform.
3. The Customer performing the registration is obligated to provide their representative’s consent to providing his/her personal data during registration.
4. Customer is solely responsible for any data provided by them in the registration form and for any further modifications of that data.
5. Customer may remove their account in user profile via a customer service consultant.
6. Any complaints are considered electronically directly to a customer service consultant’s email address or in written form to an address M-Tech: ul. Jana Śliwki 86, 44-100 Gliwice with a note "Customer complaint department".
7. After the registration the Customer receives information on products sold via the Platform. Such information do not constitute a commercial offer within the understanding of art. 543 of the Civil Code.
8. Customer is obligated to keep confidential any data allowing to use the store on the Platform (i.e. login and password). Customer is solely responsible in case of failing to keep confidential the above mentioned data.
9. Price list constitutes a company secret of M-TECH POLAND Sp. z o.o. and is subject to legal protection. Disclosing, using or otherwise sharing it for use in whole or in part is forbidden. Disclosing, using or acquiring any information constituting a company secret is subject to civil and penal liability pursuant to provision of Act on elimination of unfair competition of 16 April 1993.

1. Customer may place orders for seven (7) days a week and twenty four (24) hours a day via a website http://www.m-tech.pl.
2. Customer, after registering and logging into the above mentioned website, places an order by indicating a product that it is interested in, by choosing a command “ADD TO CART” or “TO CART” and then by indicating in “NOTES” field method of collection and of payment and by confirming the order (optionally).
3. In its Cart, the Customer indicates:

• the ordered products and their quantity;
• address to which the subject of the order is to be delivered and data necessary to issue an invoice/receipt;
• delivery method;
• payment method.

4. Customer’s personal data is provided to other parties accordingly to the choice of method of delivery or payment. Customer’s personal data will be provided to carrier accordingly to the choice of method of delivery and payment.
5. Customer is solely responsible for any data provided in connection with the Cart.
6. The ordering procedure includes the following commands:

• “Add to cart” – consists of choosing the products added to the cart;
• “Proceed to checkout” – consists of approving the status of cart and proceeding to payment method selection menu;
• “Choose delivery” – consists of approving the delivery method;
• “I choose this delivery” – consists of accepting the delivery method;
• “Finish – Place Order and pay” – consists of final placing of the order.

7. After Customer places an order, M-Tech sends confirmation of order registration to an email provided by the Customer. Confirmation of order registration is the Company’s statement on accepting the Customer’s offer.
8. Subject of the order may be delivered to the Customer depending on their choice:

• to the address provided by the Customer in the order;
• personally in the Company’s registered office.

9. M-Tech reserves the right to exclude some delivery methods and payment methods in relation to products, product categories or number of ordered products indicated by M-Tech.
10. M-Tech reserves the right to exclude some channels of delivery of orders and of payment methods of a Customer, who:

• in case of deliveries performed via Poczta Polska (Polish Post) to an address indicated by the Customer – will fail to collect the subject of order within the deadline and the Poczta Polska (Polish Post) returns the subject of order to the sender;
• in case of personal collection in Company’s registered office – fails to collect at least one order payable on delivery;
• in case of deliveries performed via courier – at least once refuses to accept the courier mail;
• in case of notorious placing orders and cancelling them.

11. If the ordered product is not in the Warehouse or if the order cannot be fulfilled for other reasons, including the case where the purchase of such products from M-Tech’s suppliers will be impossible within the time frame provided to fulfil the order, the Company will inform the Customer on the situation by sending a message to an email address indicated by the Customer or will provide the information via a telephone to a number indicated by the Customer.
12. If the fulfilment of a part of Order will be impossible, M-Tech may propose the Customer to: 

• cancel an entire order (if the Customer chooses this option, M-Tech will be exempt from the obligation to fulfil the order); 
• cancel this part of the order which is impossible to be fulfilled within the deadline (if the Customer chooses this option, the order will be fulfilled in part, while M-Tech will be exempt from fulfilling the remainder of it), or  
• divide the order and set a new deadline to fulfil the part of the order that cannot be fulfilled within the original deadline (if the Customer chooses this option, the ordered products may be sent in few separate deliveries).

13. If the ordered product is not in the warehouse or if the order cannot be fulfilled for other reasons, M-Tech will notify the Customer by sending information to an email indicated in the order within thirty (30) days from the date of concluding the contract.
14. If the order was paid in advance – the Company will reimburse the Customer within fourteen (14) days from sending the information.
15. Customer is obligated to keep confidential the confirmation of order and other documents allowing to collect the paid in advance order from M-Tech registered office.
16. M-Tech is not responsible for handing over the order to persons who provided data allowing to collect the order in registered office of M-Tech.
17. Providing a printed order confirmation is equivalent to giving consent to hand over the order in registered office of M-Tech to any person who possesses such a document.

1. M-Tech places information on products on the Platform and sells those products via the Internet.
2. After creating an account on B2B Platform the Customer is assigned to one of the following currencies: PLN, EUR, USD. Currency is selected on the basis of localization indicated by the Customer or of individual arrangements between the Customer and the customer service consultant. Company reserves the right to update the list of currencies.
3. Prices on the Platform placed next to the Product include VAT and are stated in Polish zloty and they are stated in net prices in currencies appropriate for a given Recipient’s country (EUR or USD); they do not include information on delivery costs.
   Final and binding price is the product price stated in the Cart on the moment of placing the order by the Customer on the store website on the Platform.
   Information on the total value of the order is presented in the Cart after the Customer chooses the method of delivery of the subject of order and method of payment. M-Tech reserves the right to make changes to the product prices on an ongoing basis and to hold and cancel any promotions and sales. The above mentioned right does not affect the orders placed before any changes of price, terms of promotional campaign or conditions of sale come into effect. Promotions in the store on the Platform cannot be combined unless the terms and conditions of a given promotion state otherwise. 
4. Until the Customer pays the entire price the ordered product or products remain M-Tech’s property and it may file a collection claim or claim for payment.

1. Customer may make changes to the order until the Company sends the subject of order to the Customer.  Changes may involve only resignation from all or part of the products forming the order, change in the delivery address or change of data in the invoice. In case of cancelling the order, if the payment was made in advance, the reimbursement will be performed within fourteen (14) days from the day of receipt of the Customer’s cancellation by the Company. The terms of reimbursing the Customers are described in detail in clauses below.
2. Changes can be made on the Platform website in “Your account” tab or by contacting the Company’s employees by email or by phone.

1. If the subject of the order is to be delivered on the territory of Poland, payment may be made: 

• by cash in case of personal collection
• by prepayment to an account
• by cash on delivery – via a courier company or Poczta Polska (Polish Post)
• by bank transfer – within the time frame agreed with the customer service representative.
• if the subject of the order is to be delivered outside of Poland, payment should be made by bank transfer. Shipment with the subject of the order will be sent after the Company receives confirmation of correct payment from the Entity performing the payment. 

2. Customer cannot pay for part of order in advance and for part of it on delivery. Payment method will be tied to the product type and/or place of collecting the order.
3. If the subject of the order is to be delivered outside the territory of Poland, payment may be made via transfer within the specified deadline.

1. Company may place on the Product page the information on number of workdays, i.e. weekdays from Monday until Friday, excluding bank holidays, during which the delivery with the subject of the order will be sent. The indicated information is an estimated time frame counted from the moment of accepting the order until sending the subject of the shipment to the Customer via Poczta Polska (Polish Post) or by courier. Order delivery time includes the time for gathering all ordered products. 
2. On the territory of Poland the subject of the order may be delivered via Poczta Polska (Polish Post) or by courier under an address indicated by the Customer.
3. Outside of the territory of Poland the subject of the order is delivered by courier under an address indicated by the Customer. 
4. Company is not responsible for extended delivery time caused by operators, i.e. Poczta Polska (Polish Post) or courier failing to fulfil the transport and post contracts concluded with the Company. 

1. Customer is entitled to file a complaint within the period specified in a separate attachment (complaint form is located in the DOWNLOAD tab), depending on the type of purchased goods.
2. Company will respond to the Customer’s complaint within fourteen (14) days from receipt of complaint and will inform the Customer on further procedure.
3. Company does not accept cash on delivery letters sent to it and is not responsible for any costs connected with such letters. 
4. In case of consideration of complaint in favour of the Customer, the Company will repair or replace the product subject to complaint to a product without defects or, if such replacement is impossible, will return the cost of such product within fourteen (14) days from the date the Company receives the correcting invoice or receipt. 
5. Company reserves the right to demand additional proofs of product defects during the complaint procedure, including in particular: statements, protocols, pictures or other information regarding the product subject to complaint. Company’s request for such information does not constitute deeming the complaint justified.

1. Contractual warranty term is different regarding individual goods due to their intended use.
2. Products from the below mentioned categories sold by the Company are subject to contractual warranty given by the Company or by producer:

• category: converters, daylight driving lamps, parking sensors – one year warranty starting from the day of sale of product is given by the Company,
• category: halogen and auxiliary light bulbs and xenon glowers – a 14-day warranty given by the Company,
• products based on Osram diodes – are covered by a 3-year warranty given by the Company.
• category: OSRAM, PHILIPS, NARVA, NEOLUX, HORPOL, WAŚ – contractual warranty is given by the producer,

Contractual warranty is counted from the date of issuing the sale document for the end user.

3. In case of product subject to warranty given by the Company or by the producer, Customer may file a complain a product with defects 
4. by using the rights under given contractual warranty – in this case the Customer files a complaint regarding the product directly to the Company and in case of products from category OSRAM, Philips, Narva, Neolux, the Company is only an intermediary who passes on the complaint
5. by using the rights under statutory warranty.
6. Company is responsible for defects of sold products before the Customer on the principles of statutory warranty specified in the Civil Code. Defects should be understood in accordance with the meaning adopted in the Civil Code.
7. Company holds no responsibility if the Customer knew about the defect while concluding the contract or – in case of things specified as to their kind – upon delivery of goods.
8. In case of identifying a defect during the period of contractual warranty, the Customer is entitled to:

• have the item repaired;
• have the item replaced with a new one;
• receive a price reduction;
• withdraw from the contract.

7. The above mentioned rights can be exercised on the principles specified in the Civil Code.
8. Company is responsible due to contractual warranty if the physical defect was identified within a year from delivery of the item to the buyer.

1. Customer may cancel the order if the products included in the order have not yet been shipped by contacting the Company’s employees via phone or email.
2. Any payments between the parties are made by payment of nominal amount specified in a given currency visible on the trade document. Return of payments is also made in the same currency the payment was made. Company is not responsible for any additional costs connected with currency translation.

1. Platform may include information on Promotions. Promotions are divided into: 

• product promotions – lowering the product price in accordance with quantity or percentage discount specified each time on product page, 
• value promotions – lowering the price of Cart including the products subject to promotion with quantity or value discount specified each time after adding products to the Cart and after meeting specific promotion requirements specified on the promotion page,
• promotional packages – on purchasing a specified amount of any products subject to promotion, the Customer receives quantity or percentage discount on the cheapest product; promotion covers all products on the promotion page,
• promotional sets – upon purchasing only on the product page the promotional set consisting of at least two products placed in the Promotion Box, the Customer receives a discount on all products included in the set with the exception of the most expensive one.  

2. Promotions may be tied to a discount code, which means that in order to use a promotion, a discount code needs to be provided during the Order placement. 
3. Promotions cannot be combined with other promotions unless the terms and conditions of a given promotion state otherwise. 
4. Unless the terms and conditions of a given promotion state otherwise, product promotion ends in particular upon exhaustion of stock of products subject to promotion.
5. After placing an order including a promotional package or a set it is impossible to divide it. 
6. Promotional packages and sets may be delivered to the Customer if all products forming them are assembled in the warehouse. 
7. Customer may file a complaint regarding one product from Cheaper Together a promotional package or a set. Reimbursement of price for a given product will then be performed upon taking into account the discount awarded in connection with the sale of this product in a promotional package or a set. 
8. If a promotional package or a set is the subject of the order, cancelling the order may only include the entire promotional package or a set.

1. M-Tech is the personal data controller for data processed within the platform. Contact information of the personal data controller and its representative is:

• M-TECH Poland Sp. z o.o.
• Janina Skotnicka
• j.skotnicka@m-tech.pl
• +48 32 428 42 96

2. Providing personal data by the Customer is voluntary but necessary to complete the registration and to fulfil the Customer’s orders on the Platform.
3. Personal data provided by the Customer will be processed in order to enable them to use the Platform, including fulfilling the placed orders. Customer data will also be processed, upon Customer’s consent, for marketing purposes, including providing information regarding new products, services and promotions offered by the Company.
4. Customer data may be provided by the Company to parties bound with the Company by cooperation contracts in order to fulfil the orders. Placing an order constitutes consent to process one's data. 
5. Personal data controller is not responsible for Customer providing untrue personal data.
6. Platform’s Customers are entitled to access their personal data, correct it and to demands its deletion. 

1. Customer has the possibility to subscribe to M-Tech Newsletter.
2. Customer will receive the Newsletter electronically to an indicated email address, if they freely give consent to receive electronic correspondence from the Company. 
3. Customer may resign from Newsletter subscription at any time by clicking a link included in an email received with the Newsletter or by logging into m-tech.pl website and entering the Newsletter page. 

1. Product information placed on Platform pages does not constitute an offer or a commercial offer within the understanding of the Civil Code. 
2. Company makes every effort to provide services of the highest quality, but the Company does not exclude the possibility of temporal unavailability of the Platform in case of the need to perform maintenance, inspection, replacement of hardware or in connection with the need to upgrade or expand the Platform. Customers are not entitled to any claims against the Company in relation with temporary suspension of Platform’s availability.   
3. Company is not responsible for mailing servers administrators blocking the sending of messages to an email address indicated by the Customer or for deleting and blocking emails by software installed on the computer used by the Customer. 
4. Differences between visualization of a product available on the Platform resulting from individual settings of Customer’s computer (colour, proportions etc.) cannot form the basis for complaint and return of purchased product. 
5. In any matters not regulated herein the provisions of the Polish law and in particular the Civil Code shall apply.
6. Any product names placed on the Platform are used for identification purposes and may be protected and reserved under the provisions of Industrial Property Law Act (Journal of Laws 2001, No 49 item 508, as amended).
7. By accepting these Terms of Service the Customer consents to collecting and providing to the Company the statistics of their presence and activity on the Platform. Data is collected automatically and may be used to analyse the activity of Customers. 
8. In order to track the statistical data changes and to provide the highest quality of services, the Platform uses information saved by the server on the Customer’s computer that are then read upon each connection of the web browser (the so called cookies). Customer may at any time change the web browser’s settings so that it does not accept such files or so that it informs on sending them. It should be however noted that not accepting cookies may cause difficulties in using the Platform. 
9. These Terms of Service come into force on 1 February 2019.
10. Company reserves the right to changes these Terms of Service. Any change to these Terms of Service comes into effect within the date specified by the Company, no sooner than 7 days after placing changed terms of service on m-tech.pl website. Orders placed by the Customers before changes of terms of service come into effect are fulfilled in accordance with previous provisions of terms of service.